Terms and Conditions
For the form for withdrawing from the purchase contract, click here.
TERMS AND CONDITIONS
1. INTRODUCTORY PROVISIONS
These general terms and conditions ( terms and conditions ) of the company River Sign s.r.o., with its registered office at Vinohradská 2190/170, Vinohrady, 130 00 Prague 3, IČO: 49357310, registered in the commercial register kept at the Municipal Court in Prague under C 19938 ( the seller ) are regulated in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code ( Civil Code ) mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract ( purchase contract ) concluded between the seller and a natural person ( buyer ) through the seller's online store. The online store is operated by the seller on a website located at the internet address www.riversign.cz ( store website ), through the website interface (store web interface ). The seller does not conclude purchase contracts, the subject of which is (are) repeated performance. Each purchase contract is concluded for a fixed period (for the period until payment and delivery of the goods to the buyer).
Provisions deviating from these terms and conditions can be negotiated in the purchase contract upon agreement between the seller and the buyer. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
The provisions of the terms and conditions as published at the time of the conclusion of the purchase contract on the website are always an integral part of the purchase contract, and each buyer, by ordering goods, confirms that they are binding on the contractual relationship created by the purchase contract.
The wording of the terms and conditions may be changed or supplemented by the seller. Changes or additions enter into force on the day they are published on the store's website.
2. CONCLUSION OF THE PURCHASE AGREEMENT
The store's web interface contains information about goods, including the prices of individual goods. The prices of the goods are listed including value added tax and all related fees, with the exception of the costs of delivering the goods (transportation, postage). Product prices and product offers remain valid for as long as they are displayed in the store's web interface. The seller reserves the right to continuously update the offer of goods and the price of goods, according to its business and operational needs. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
All presentation of goods placed in the web interface of the store is informative in nature, has the nature of an invitation from the seller to submit an offer to the buyer, and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.
The buyer acknowledges that the seller is not obliged to enter into a purchase contract, especially with persons who have previously materially breached their obligations towards the seller, or for operational (capacity) or other important reasons for the seller.
To order goods, the buyer fills out the order form in the store's web interface ( order ).
The sending of the order is considered to be such an action by the buyer that unequivocally identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price, i.e. it is a binding proposal by the buyer to conclude a purchase contract. The condition for the validity of the order is the filling in of all mandatory data in the order form, familiarization with these terms and conditions on the website and confirmation by the buyer that he has become familiar with these terms and conditions, which the buyer does by sending the order.
The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "buyer's e-mail address").
The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).
In the event that the seller cannot fulfill any of the requirements stated in the order, he will send the buyer to the buyer's e-mail address an amended offer indicating possible variants of the order and request the buyer's opinion.
The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case only upon acceptance by the buyer via e-mail.
The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the buyer himself.
3. PRICE OF GOODS AND TERMS OF PAYMENT
The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
in cash on delivery at the place specified by the buyer in the order;
cashless by payment card;
Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
In the case of cash on delivery, the purchase price is payable upon receipt of the goods.
In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account. The seller is entitled to the reservation of ownership of the goods, including the packaging of the goods, until the purchase price of the goods is paid in full, i.e. the buyer acquires the ownership right to the goods only after full payment of the purchase price of the goods.
In the case of non-cash payment, the buyer and seller can agree on a personal handover of the goods after prior agreement. If the buyer does not take over the ordered goods from the seller within one year from the conclusion of the contract, the contract is canceled from the beginning.
In the case of payment by credit card, the seller is entitled to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.
Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue an invoice to the buyer regarding payments made on the basis of the purchase contract. The seller issues the invoice to the buyer after payment of the price of the goods and sends it in paper form together with the goods.
4. WITHDRAWAL FROM THE PURCHASE AGREEMENT
In accordance with § 1829, paragraph 1 of the Civil Code, the buyer has the right to withdraw from the purchase contract within fourteen (14) days of taking over the goods (in the sense of Article 5.5). The goods that the buyer returns to the seller are sent to the address of the registered office.
The buyer can send a withdrawal from the purchase contract to the address of the seller's registered office or to the seller's e-mail address firstname.lastname@example.org. The provisions of Article 9 of these terms and conditions apply to the delivery of withdrawal from the contract. The seller will confirm the acceptance (delivery) of the withdrawal to the buyer's email address without undue delay.
To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an appendix to the terms and conditions.
In case of withdrawal from the purchase contract according to Article 4.2. terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller at the buyer's expense without undue delay, no later than fourteen (14) calendar days after sending the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the seller will return the funds received from the buyer (except for the amount that represents additional costs for the delivery of the goods incurred as a result of the method of delivery of the goods chosen by the buyer, which is different from the cheapest method of standard delivery of the goods offered by the seller) within 14 days from withdrawal from the purchase contract by the buyer, in the same way as the seller accepted them from the buyer.
Within a period of ten (10) days from the return of the goods by the buyer according to Article 4.4 of the terms and conditions, the seller is entitled to carry out an examination of the returned goods, in particular for the purpose of ascertaining whether the returned goods are not damaged, worn or partially consumed.
The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer.
The buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the seller is entitled to compensation for the damage caused to the buyer. The seller is entitled to unilaterally set off the claim for payment of the incurred damage against the buyer's claim for a refund of the purchase price.
Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.
5. TRANSPORTATION AND DELIVERY OF GOODS
The method of delivery of the goods is determined by the seller, unless otherwise stipulated in the purchase contract. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport. If the seller is obliged to send the goods according to the purchase contract, he will hand over the item to the buyer by handing it over to the first carrier for transport for the buyer in accordance with § 2090 of the Civil Code.
If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter (i.e. the deliverer of the goods from whom he is taking them) immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier. By signing the delivery note, or confirmation of receipt of the goods, the buyer confirms that the packaging of the shipment containing the goods was intact.
The risk of damage to the goods passes to the buyer upon acceptance of the item; the same has the effect if the buyer does not take over the item, even if the seller has allowed him to dispose of it, and the buyer violates the purchase contract by not taking over the goods.
6. RIGHTS FROM DEFECTIVE PERFORMANCE
The seller is responsible to the buyer for the fact that the thing sold is in accordance with the purchase contract, in particular that it is free of defects. Conformity with the purchase contract means that the thing sold has the quality and useful properties required by the contract, described by the seller, the manufacturer or his representative, or expected on the basis of the advertising carried out by them, or the quality and useful properties usual for a thing of this kind, that it corresponds to the requirements of legal regulations , is the corresponding quantity, measure or weight and corresponds to the purpose that the seller states for the use of the item or for which the item is usually used.
In the event that the goods show a defect, which by its nature constitutes a material breach of the purchase contract, the buyer is entitled to request, at his own discretion, either (i) removal of the defect by delivering new goods without defects (by replacing the damaged goods with new ones), if this is not due to the nature of the defect unreasonable, or by delivering missing goods or (ii) removing the defect by repairing the goods or (iii) a reasonable discount from the purchase price or (iv) withdraw from the contract. If the goods show a defect, which by its nature represents an insignificant breach of contract, the buyer has the right to remove the defect, or to a reasonable discount from the purchase price of the goods. Instead of removing the defect, the buyer can request a reasonable discount from the purchase price or withdraw from the purchase contract if the seller does not remove the defect in time or refuses to remove it, if the defect is irreparable, or if he cannot use the goods due to the repeated occurrence of a defect after repair or a larger number of defects.
Provisions mentioned in Article 6.2. the terms and conditions of business do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear and tear the goods had when taken over by the buyer, or if it follows that due to the nature of the goods.
Rights from defective performance are exercised by the buyer at the seller's address. The moment when the seller receives the claimed goods from the buyer is considered to be the moment of application of the complaint.
7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
The buyer acquires ownership of the goods by paying the full purchase price of the goods.
The buyer acknowledges that the software and other components making up the store's web interface (including photos of the offered goods) are protected by copyright. The buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components making up the web interface of the store.
When using the web interface of the store, the buyer is not entitled to use mechanisms, software or other procedures that could have a negative effect on the operation of the web interface of the store. The web interface of the store can only be used to the extent that it does not infringe on the rights of other customers of the seller and that is in accordance with its purpose.
In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
The buyer acknowledges that the seller is not responsible for errors arising as a result of interventions by third parties in the website or as a result of using the website contrary to their purpose.
The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.
8. PROTECTION OF PERSONAL DATA
Regarding the protection and processing of the buyer's personal data by the seller, these personal data protection conditions apply.
Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other contracting party in writing, by e-mail, in person or by registered mail via a postal service provider (at the sender's choice). It is delivered to the buyer to the e-mail address specified in the order.
Notices whose acceptance was refused by the addressee, which were not picked up within the storage period, or which were returned as undeliverable are also considered delivered.
10. FINAL PROVISIONS
If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of such a provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or terms and conditions require written form.
The annex to the terms and conditions consists of a sample form for withdrawing from the purchase contract.
If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
These terms and conditions take effect on 19 July 2020.
1. INTRODUCTORY PROVISIONS
2. WHAT DATA WE PROCESS
We only process personal data that you provide to us in connection with the use of our services (e.g. as part of an order for one of our goods) and when concluding a contract for the use of this service.
3. WHY WE PROCESS YOUR DATA
So that we can provide you with the services you have ordered and provide you with the contractual performance. For example, if you sign up for a newsletter, we will send you news about us and our services. Such processing is necessary to fulfill the contract with you.
To promote and improve the Services. If you use our services, we will inform you from time to time about news about our services. This applies even if you do not subscribe to the newsletter. However, you can refuse to receive newsletters at any time. Promotion and improvement of services is our legitimate interest.
4. HOW LONG WE PROCESS YOUR DATA
We process and store your personal data for the period necessary to ensure all rights and obligations arising from the contract, i.e. at least for the period of ensuring the implementation of your order, and further for the period for which we, as administrators, are obliged to store according to generally binding legal regulations or for which you have given us your consent to the processing. In other cases, the processing time results from the purpose of the processing or is determined by legal regulations in the field of personal data protection.
We process personal data according to Article 3 until further notice.
5. WHO WORKS WITH YOUR DATA
We as administrators and persons who supply us with various services, as processors. You can contact us at the address of the headquarters or by email at email@example.com.
6. YOUR RIGHTS
Legal regulations on the protection of personal data guarantee you various rights in the area of personal data protection: To the extent that the regulations on the protection of personal data - in particular the GDPR - guarantee you this, you can request from us access to your personal data (i.e. information about which of your specific data we work with and how we work with them), restriction of the processing of your data (this means that we will not delete the data yet, but we will not work with it) and their correction and deletion (always if the legal conditions for this are met), you can also raise an objection against processing and you can exercise the right to data portability. To exercise any of these rights, contact us via the above contact details - the easiest is to send us an email at firstname.lastname@example.org and we will be happy to help you exercise your rights. If you believe that the processing of your personal data violates legal regulations, you can file a complaint with the national supervisory authority (For the Czech Republic www.uoou.cz).
Objections to processing: If you do not agree to us using your data to send newsletters, you can opt out. The easiest way is to use the link that is in every newsletter, or you can send us an objection by email or letter. If you refuse such processing, we will stop sending you newsletters. You can also refuse other processing based on legitimate interest and we will limit it unless we demonstrate serious and qualified legitimate reasons for the processing.